CREJ - Property Management Quarterly - August 2015
It seems questions regarding signage and the accessibility code are ever evolving with each update of the Americans with Disabilities Act Standard for Accessible Design. One particular area of confusion regards aspects of ADA signage that are not well defined within the act and, in some cases, not defined at all. In these instances, one must come to a responsible interpretation of the intent of the ADA standards. The ADA identifies two categories of signage – those identifying a permanent room or space and those signs giving direction to or information about permanent rooms or spaces – and the act establishes requirements for each. For example, identification signage for permanent rooms and spaces is required to have tactile characters and Braille, and must be mounted in a consistent, specific location. Overhead signs have requirements for minimum text height as well as installed mounting height. Directional and informational signs do not require tactile characters, but do have requirements for letter height and legibility. All are intended to benefit the physically handicapped and visually impaired. While the 2010 ADA update clarified some previous vagueness, there are still many areas not addressed. Digital signage is a great example. If you search the entire act for “digital signage” or “electronic signage,” you will find zero results. Nothing. So, digital signage is exempt from the ADA, right? Wrong. Digital signage still is impacted by the intent of the ADA. First, the protruding objects section of the ADA applies to wall-mounted digital displays, such that the digital sign cannot project out from a wall’s surface more than 4 inches. And second, “reach ranges” ensures that wheelchair-bound individuals can access the interactive functions on any wall-mounted operable device, which includes digital displays. What qualifies as a permanent room or space is the biggest area of discussion. The best definition of a permanent room or space is one “whose function will not readily or easily be changed.” As black and white as that may seem, it does leave a lot of gray area. A restroom clearly is a room that is not easily changed. The design of the room and permanent fixtures make that point. However, a room numbering system also would fall into the permanent designation, but only if the numbering system is used on a daily basis. There is an inclination to consider back-of-house or staff-only areas exempt from the permanent room tactile and Braille requirements. It is, after all, a nonpublic area. However, the U.S. code specifically does address this (SEC. 12112/CRA 102) by identifying that the code is intended for public access, as well as for private and employee areas. The primary areas the ADA identifies for exception are temporary signs (seven days or less), occupant names, and detention or correctional facilities not in public-use areas. Signage in compliance with the ADA is important, not just from a legal standpoint, but also because it is the right thing to do. Focus should be on best practices, not on following the letter of the law. When reviewing these types of issues, the Department of Justice always will consider if the intent of the ADA was violated. The key question is whether an individual is denied access to (not limited to) communication, employment, public buildings and transportation that other individuals can access. Violation of the ADA can result in fines from $75,000 for a single violation to a new maximum penalty of $150,000. Property owners ultimately may be responsible for the fine, but it is the occupant with a visual or physical impairment that is really paying the price for a facility that is limited or restrictive. As long as we think in these terms when exploring the gray areas of the ADA as it applies to signage, then our solutions won’t be part of future Department of Justice litigation and, most important, we will satisfy the signage and way-finding needs of all individuals. When in doubt, focus on best practice.